FOJYA AND OTHERS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) -This judgment will deal with the three appeals listed above. They have arisen in the following circumstances.

(2.) It is alleged that dacoity was committed in the house of Dhoolilal PW. on Oct. 25, 1980 at about 7.30 P. M. The dacoit's were carrying deadly weapons like guns and lathis. They robbed the inmates of the house of silver ornaments and fired a shot in the course of the commission of the crime. A gun belonging to Dhoolilal was also stolen. Dhoolilal and other villagers, who arrived at the scene were able to overpower one of the culprits who disclosed his name as Bhanwariya. Nand Kishore PW. inflicted a sword blow on the foot of Bhanwariya in the process of over-powering him. The other culprits managed to escape. Bhanwariya disclosed their names as Champalal, Ram Narain. Fojiya and Heeralal. These four were arrested by the police on Dec. 20, 1980. Each one of them is said to have made disclosures resulting in the respective recoveries of stolen ornaments and the gun from them. PWs, Nand Kishore, Ram Narain, Ram Kanya, Parvati, Devi Lal, Ramchaarn and Hazari are alleged to have correctly identified Champalal, Ram Narain, Heara Lal and Fojya in a test identification held in the Jail premises.

(3.) On completion of investigation, all the five accused mentioned above were sent up for trial. The prosecution examined amongst others, Nand Kishore, Parvati, Ram Narain, Devi Lal, Ramcharan, Hazari, Amar Lal, Krishna Gopal and Kalyan as witnesses in support of its case. Relying on the evidence consisting of the alleged recovery of stolen property from the possession of the accused and of their identification by various witnesses, the trial court convicted, Bhanwariya, Champalal, Ram Narain and Fojya under Sec. 395 I. P. C. and sentenced each of them to rigorous imprisonment for 7 years and a fine of Rs. 200.00or in default further rigorous imprisonment for four months. Heeralal who is said to have been armed with a gun at the time of commission of this crime was convicted under Sec. 397 I. P. C. He too was sentenced to rigorous imprisonment for 7 years and fine of Rs. 200.00or in default further rigorous imprisonment for 4 months.